SUBHASH AND COMPANY Vs. KRISHAN LAL

JUDGEMENT

(1.) This revision petition under Sub-section (8) of Section 25-B of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) is directed against the order dated 17th January, 1983 passed by learned Additional Rent Controller, Delhi dismissing the application filed on behalf of the petitioner for leave to appear and contest the ejectment application filed by the respondents against him under the provisions of clause (e) to the proviso to Sub-section (1) of Section 14 read with Section 25-B of Delhi Rent Control Act, 1958 on the ground of their bona fide personal requirement.

(2.) It appears that the respondents-landlord filed the aforesaid ejectment application on or, about 25th January, 1982. The petition came up before the learned Additional Rent Controller on 27th January, 1982 when it was directed to be registered and it was also directed that the notice under Schedule III be. issued to the respondent (petitioner herein) for 14th April, 1982 vide process fee and registered cover within a week. The staff of the Controller reported that the tenant has been served through Neelam Anand. It transpires from the record that matter was taken up by the learned Additional Rent Controller, Delhi on 14th April, 1982 and the counsel for the landlord wanted to argue on the point that service through Neelam Anand is sufficient service and the case was adjourned for arguments on the point to 14th May, 1982.

(3.) It appears that the tenant-petitioner herein filed an application for leave to delend the ejectment application dated 2nd May, 1982 on or about 3rd May, 1982 and before the matter could be listed for arguments as desired by the Controller earlier in view of the leave application which appears to have been presented by the petitioner accompanied by his counsel, it was directed that the application for leave to defend the ejectment application will be taken up on 16th August, 1982 for reply and arguments.